IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1875 OF 2018 BETWEEN Sri. Manjunath Reddy, S/o. Late Dodda Badra Reddy, Aged about 51 years, R/at. 1278, 11th Cross, 21st B Main, H.S.R.Layout, Sector-01, Bengaluru-560102. (By Sri. Sanjay Nair, Advocate) AND 1. Sri. D.Yunus Baig, S/o. Sri. Allabaksh Baig, Aged about 63 years, R/at. 6/6, Chinnaswamy Mudaliar Garden, Tankbund Road, Kalasipalya, Bengaluru-560002.
2. Sri. John Masih, S/o. Masin, age: Major, R/at No.34, Ground Floor, 17th Main, 5th Block, K.H.B. Colony, Koramangala, Bengaluru-560034.
3. Smt. Shashikala, W/o. John Masin, Age: Major, R/at No.34, …Appellant Ground Floor, 17th Main, 5th Block, K.H.B.Colony, Koramangala, Bengaluru-560034.
4. Smt. Rathna G Reddy, W/o. Sri. Gopal Reddy, Age: Major, R/at No.1320, 11th Cross, 21st B Main, 1st Sector, HSR Layout, Bengaluru-560102.
(By Sri. G.S.Ravishankar, Advocate) …Respondents This RFA is filed under Section 96 and read with Order XLI Rule 1 of the CPC 1908, against the order dated 18.09.2018 passed on I.A.No.II in EX.52/2010 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, dismissing the I.A.No.II filed under Order 21 Rule 97 read with Section 151 of CPC.
This RFA coming on for orders, this day, the Court made the following:
ORDER ON COMPROMISE PETITION The Bangalore Mediation Centre has sent a report that the appellant and the 1st respondent have arrived at a settlement. The appellant and the 1st respondent are present with their respective advocates. It is stated that respondents no.2, 3 and 4 are not necessary for the compromise as they are said to be the vendors of the appellant.
2. The terms and conditions found in the memorandum of settlement under Section 89 of CPC are read over and explained to the appellant and 1st respondent in Kannada language. They confirm the correctness of the terms of settlement. They submit that they have voluntarily arrived at this settlement without any kind of force or compulsion from anybody else.
3. The compromise/settlement shows that the 1st respondent has conceded to the right, title and interest of the appellant in respect of suit property by receiving Rs.35,00,000/- from the appellant. Today D.D. bearing No.597889 dated 13.03.2019 for Rs.25,00,000/- drawn on Syndicate Bank, Bengaluru is handed over to the 1st respondent. A post-dated cheque bearing No.407751 dated 12.08.2019 for. Rs.10,00,000/- drawn on South Indian Bank, Sipcot Road, Ballur, Bengaluru is also handed over to the 1st respondent. The 1st respondent reports receipt of the D.D. for Rs.25,00,000/- and post-dated cheque for Rs.10,00,000/-. Since this compromise is found to be lawful, it is accepted. By virtue of this compromise, the judgment and decree dated 28.07.2009 in O.S.No.2069/2005 is set aside and the order dated 18.09.2018 passed by the executing court on an application filed under Order 21 Rule 97 CPC is also set aside. Draw decree accordingly.
Sd/- JUDGE sd